08-05-85 Council Meeting Minutes

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REGULAR MEETING AUGUST 5, 1985 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend will appropriate sufficient funds in future budget years to operate the City's Industrial Pretreatment Program. Section II. This resolution shall be in full force and effect upon passage by the Common Council and approval by the Mayor. /s/ Beverlie J. Beck Member of the Common Council A public hearing was held on the resolution at this time. David Wells, Director of Environ Services, indicated the City was mandated by Federal and State law to implement this program. He indicated a program was developed and submitted to the United States Environmental Protection Agency for approval. He indicated that on July 22 the City received notice from the EPA that the program is acceptable and will be approved as soon as the City provides a resolution which states that sufficient funds will be available to operate the program and adopts the new sewer use ordinance which is a part of the program. He indicated the adoption of this resolution and the passage of the proposed sewer use ordinance are major steps in resolving the legal difficulties with the Environmental Protection Agency. Council Member Zakrzewski made a motion to adopt this resolution, seconded by Council Member Puzzello. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 1320 -85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND RELATING TO AN ASSIGNMENT AND ASSUMPTION OF CITY OF SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS. WHEREAS, the South Bend Economic Development Commission investigated, studied, surveyed and reported to the Mayor and the Common Council of the City of South Bend, Indiana that a need exists in the Community for additional job opportunities and business and commercial diversification within and near South Bend, Indiana; and WHEREAS, Twenty Three North Partnership, an Indiana partnership ( "Seller ") is the owner of a tract of land with improvements thereon ( "Property "); and WHEREAS, on July 25, 1984, Seller financed the acquisition of the Property by borrowing the proceeds of Industrial Development Revenue Bonds (the "Bonds ") issued by the City of South Bend, Indiana (the "Issuer ") in the amount of $1,050,000.00; and WHEREAS, Hugh M. Silverman and LaVon D. Silberman ( "Purchaser ") have agreed to acquire the Property from Seller, to continue to operate the facility as an economic development facility subject to the approval of the appropriate official action by the Issuer and the Issuer's Economic Development Commission, and to assume Seller's obligations with respect to the Bonds; and WHEREAS, to improve and promote job opportunities and commercial diversification within and near South Bend, Indiana, said assignment should be approved; and WHEREAS, the South Bend Economic Development Commission approved the assignment by resolution dated July 19, 1985; and WHEREAS, to induce Purchaser and Seller to consummate the assignment and to evidence its consent thereto, the South Bend Common Council desires to adopt this resolution; and WHEREAS, it is apparent that the assignment will increase job opportunities and business diversification in and near South Bend, Indiana, resulting in a benefit to i the welfare of the public in South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED, that the South Bend Common Council approves the assignment from Seller to Purchaser and Purchaser's assumption of all Seller's obligations with respect to the Bonds; and BE IT FURTHER RESOLVED, that the South Bend Common and the City of South Bend, Indiana, their officers or agents, shall not incur any liability if for any reason the proposed assignment of such Bonds is not consummated. /s/ Ann Puzzello Member of the Common Council A public hearing was held on the resolution at this indicated this resolution related to the assignment Partnership 1984 industrial revenue bond issue. He Development Commission passed a similar resolution. motion to adopt this resolution, seconded by Counci was adopted by a roll call vote of nine ayes. BILLS. FIRST READING time. Mark Krcmaric, attorney, of Twenty Three North indicated that the Economic Council Member Serge made a 1 Member Taylor. The resolution